[HISTORY: Adopted by the County Board of Stephenson County 4-9-2008 by Ord. No.
08-04-1565 (Ch. 18 of the 1977 Code). Amendments
noted where applicable.]
The current editions of the Illinois Water Well Construction
Code (IWWCC) (77 Ill. Adm. Code 920), Water Well Pump Installation
Code (77 Ill. Adm. Code 925) and Public Area Sanitary Practice Code
(77 Ill. Adm. 895), Surface Source Water Treatment Code (77 Ill. Admin.
Code 930) and Drinking Water Systems Code (77 Ill. Adm. Code 900)
promulgated by the Illinois Department of Public Health and on file
with the Secretary of State's office, pertaining to water supply,
are hereby adopted by reference. References: Surface Source Water
Treatment Code (77 Ill. Adm. Code 930).
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A water or monitoring well which is no longer used to supply
water or which is in such a state of disrepair that the well or boring
has the potential for transmitting contaminants into an aquifer or
otherwise threatens the public health or safety.
The Administrator of the County Health Department; shall
include those persons designated by the Administrator to enforce the
provisions of this chapter.
An operator-occupied residence providing accommodations for
a charge to the public with no more than five guest rooms for rent,
in operation for more than 10 nights in a twelve-month period. Only
breakfast may be provided to the paying guests. Bed-and-breakfast
establishments shall not include motels, hotels, boardinghouses, or
food establishments.
The County Board of Health.
A public water system which serves at least 15 service connections
used by residents or regularly serves at least 25 residents at least
60 days per year.
All acts necessary to obtaining groundwater by wells, including
excavation of the well, but excluding the installation of permanent
pumps and pumping equipment.
The County Health Department, its officers, agents and employees,
as the context may require.
The Administrator of the County Health Department or any
other duly appointed representative of the County Board of Health.
A public water system that is not a community water system,
that has at least 15 service connections used by nonresidents, or
regularly serves 25 or more nonresident individuals daily for at least
60 days per year.
Those wells that meet the definition in the Illinois Water
Well Construction Code, as amended from time to time; any supply which
provides water for drinking, culinary and sanitary purposes and serves
an owner-occupied single-family dwelling.
A system for the provision to the public of piped water for
human consumption, if the system has at least 15 service connections
or regularly serves an average of at least 25 individuals daily at
least 60 days per year. The term "public water system" includes any
collection, treatment, storage or distribution facilities under control
of the operator of such system and used primarily in connection with
such system and any collection or pretreatment storage facilities
not under such control which are used primarily in connection with
such system.
A water supply which is not a public water system, yet which
serves a segment of the public other than an owner-occupied single-family
dwelling.
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted or otherwise constructed when the intended use of such
excavation is for the location, diversion, artificial recharge, or
acquisition of groundwater, except monitoring wells.
Any person who contracts to drill, alter or repair any water
well.
Any person who violates any provision of this chapter shall be subject to penalties as set forth in Chapter 1, General Provisions, Article II, Penalties, § 1-11. Each day's violation constitutes a separate offense. The State's Attorney of the County shall bring such actions in the name of the people of the state, or may bring an action for injunction to restrain such violation to enjoin the operation of any such establishment causing such action.
All applications for permits granted under the provisions of
this chapter shall be made to the Health Department. A permit for
the construction of a community public water well shall be obtained
from the Illinois Environmental Protection Agency.
A.
It shall be unlawful for any person to construct or deepen a private
well within the County who does not have a valid permit issued to
him/her by the County Health Department. Only a person who complies
with the requirements of this chapter shall be entitled to receive
a permit.
B.
Permits shall not be transferable from one person to another person
or place.
C.
A valid permit shall be posted in a conspicuous place at every well
construction site.
A permit is issued to a property owner only if the property
owner is going to construct his/her own water well. Otherwise, permits
shall be issued to licensed contractors.
Permit application forms provided by the SCHD shall be completed
and signed by each applicant. Required information is defined in IWWCC
(Ill. Adm. Code 920.130b) and shall include the following:
A.
A permit is valid for a period of one year from the date of issuance.
If the work has not been completed within this period, the permit
is void. If reapplication is made before the end of the initial year,
no additional fee will be assessed. A permit must be secured for each
well that is dug, drilled or driven.
C.
A construction report and sealing report for the newly drilled well
and the abandoned well must be maintained by the well driller and
must be provided to the Health Department within 30 days after installation
or sealing.
The health officer shall not grant a permit for the construction
of a well where public or community water systems are available. A
water system shall be deemed available when a public or community
water line is in place within any street, alley, right-of-way or easement
that adjoins or abuts the premises for which the permit is requested
and when the improvement to be served is located within a reasonable
distance of public water to which a connection is practical and is
permitted by the controlling authority for the water. A reasonable
distance for the purpose of this provision may be deemed to be not
greater than 200 feet for a single-family dwelling, a commercial establishment,
subdivision or multifamily dwelling. An exemption will be granted
to agricultural or commercial activities as long as conditions of
the State of Illinois Well Codes and/or Drinking Water Systems Code
promulgated by IDPH are met and as in force on the date of the application
for exemption. It shall be the decision of the Health Department Administrator
or designee that the conditions are or are not met.
Any premises abutting on a street, alley or easement in which
there is a public or community water system shall connect to that
system if the premises to be served are a reasonable distance, not
to exceed 200 feet, and if connection is practical and permitted by
the controlling authority. Any premises served by public water shall
have an individual connection. An exemption will be granted to agricultural,
residential and commercial activities as long as conditions of the
State of Illinois Well Codes and Drinking Water System Code promulgated
by IDPH are met as in force on the date of the application for exemption.
It shall be the decision of the Health Department Administrator or
designee that the conditions are or are not met.
A.
Generally. Any person affected by an order or notice issued by the
health authority in connection with the enforcement of any section
of this chapter may file, in the office of the Health Department,
a written request for a hearing before the health officer. The health
officer shall hold a hearing at a time and place designated by him
within 30 days from the date on which the written request was filed.
The petitioner for the hearing shall be notified of the time and place
of the hearing, not less than five days prior to the date on which
the hearing is to be held. The regular return receipt for certified
or registered mail is sufficient proof of service. Failure of the
petitioner to appear for the scheduled hearing, for other than good
cause, shall constitute a permanent waiver of his right to the hearing
on the same issue. If the health officer finds that strict compliance
with the order or notice would cause undue hardship on the petitioner,
and that the public health would be adequately protected by varying
or withdrawing the order or notice, the health officer may modify
or withdraw the order or notice. As a condition for such action, the
health officer may make requirements which are additional to those
mandated by this chapter for the purpose of properly protecting the
public health. The health officer shall render a decision within 10
days after the date of the hearing, which shall be reduced to writing
and placed on file in the office of the Health Department as a matter
of public record. The decision shall specify how the additional requirements,
if any, will adequately protect the public health.
B.
Hearing before Board of Health; notice required; findings, decision.
Any person aggrieved by the decision of the health officer rendered
as the result of a hearing held in accordance with the above subsection
may file a request for a hearing before the Board of Health in the
office of the health authority. Within 30 days of the date on which
the written request was filed, the President of the Board of Health
shall designate a time and place for the hearing. The petitioner requesting
the hearing shall be notified of the time and place of the hearing
not less than five days prior to the date on which the hearing is
to be held. The notification shall be by either personal delivery
to the petitioner or by certified or registered mail, return receipt
requested. The regular return receipt for certified or registered
mail is sufficient proof of service. Failure of petitioner to appear
for the scheduled hearing, for other than good cause, shall constitute
a permanent waiver of his right to the hearing on the same issue.
If the Board of Health finds that strict compliance with the decision
of the health officer would cause an undue hardship to the petitioner,
and that the public health would be adequately protected by granting
a variance from the decision of the health officer, the Board of Health
may grant a variance. As condition for such variance, the Board of
Health may make requirements which are additional to those prescribed
by this chapter, solely for the purpose of adequately protecting the
public health. The Board of Health shall render a written decision
within 10 days after the date of the hearing and shall file said decision
in the office of the Health Department. A copy thereof shall be served
upon the petitioner personally or by delivery to the petitioner by
certified or registered mail, return receipt requested.
The location, construction, repair, and disinfection of water
wells, installation of well pumps, and abandoning of wells must meet
all the requirements of the Illinois Water Well Construction Code.
The Health Department shall administer this chapter and shall
make reasonable and necessary rules and regulations for the administration
and enforcement of the provisions of this chapter. Such rules and
regulations shall relate only to procedure and shall not substantively
change, amend or enlarge upon any provisions of this chapter. The
rules and regulations shall be in writing and available for public
inspection.
The authorized representative is hereby authorized and directed
to make such inspections as are necessary to determine satisfactory
compliance with this chapter.
The health authority shall have the right to free access to
the property at reasonable times to determine if compliance is achieved.
The Health Department must be given a minimum of 48 hours'
notice before water well construction commences. The Health Department
must be given a minimum of 48 hours' notice prior to sealing
all abandoned wells.
All components of a new water well construction and/or modification
shall be thoroughly disinfected with a strong chlorine solution which
will yield a dosage of at least 100 parts per million to the water
in the well and piping system. After purging the water system of any
chlorine residual, a water sample shall be taken and analyzed by a
certified laboratory and satisfactory results obtained prior to utilizing
the water system for drinking and culinary purposes. The water obtained
from a semiprivate water supply shall meet the requirements of the
Public Area Sanitary Practice Code (Ill. Adm. Code 895.20b), and the
water obtained from a private well shall meet the bacteriological
and nitrate requirements of the Primary Drinking Water Standards (35
Ill. Adm. Code 611). The water from a private water system, having
surface water as its source, shall meet the nitrate/nitrite, bacteriological
and turbidity requirements of the Primary Drinking Water Standards
(35 Ill. Adm. Code 611).
Upon inspection, if it is found that the permit holder has violated
any portion of this code, the health authority shall revoke or suspend
the permit, or he may notify the owner or installer to make such changes
in the work as he shall specify, and if such changes are not made
within a reasonable time, he shall then revoke the permit, and it
shall be unlawful to use such for human consumption.
Bed-and-breakfast establishments with a semiprivate water supply
shall have samples collected by the SCHD and tested for the presence
of coliform bacteria, nitrate and nitrite concentration by a certified
laboratory at a minimum of once per year. The bed-and-breakfast establishment's
semiprivate water supply shall comply with Public Area Sanitary Practice
Code (77 Ill. Adm. Code 895).
